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ROCKY VIEW COUNTY · E-2 FIELD GUIDE

Does a signed customer contract establish an E-2 enterprise?

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THE DIRECT ANSWER

It can support the operating account, but the investor, investment and enterprise requirements still need to be assessed together.

Explain what the contract actually proves

Identify the services, conditions and resources required. Distinguish a real commitment from expected future business. A customer’s willingness to buy does not itself establish treaty nationality, substantial investment, direction or non-marginality.

What a reviewer looks for is loss exposure: a purchase agreement binding without further conditions, funds released from the buyer's control, equipment ordered and paid for, a premises lease creating enforceable obligations, and payments that would not come back if the business failed. Property the investor leases or that a supplier owns can support daily operations without its market value becoming qualifying capital, although lease or rent payments may be counted within the limits in the official guidance. The enterprise must be at least 50 percent owned by Canadian nationals and the investor must develop and direct it, so a 40 percent minority stake under a U.S. majority owner fails the ownership and control requirement before anything else is examined. An operating company with staff, premises and lawful unregulated revenue tells a different story from a shell awaiting approval, and the difference shows in records nobody has to characterize: bank statements, payroll runs, supply contracts, a signed lease.